PART V THE UNION GOVERNMENT [ART 52-151]

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The constitution of India provides for a parliamentary form of Government under an elected
president. It has 3 wings the legislature, the executive, the judiciary.

This part divided into 5 chapters

Chapter I : The union executive (art 52-78)

Chapter II: The parliament (Art 79 – 122)

Chapter III: Legislative powers of the president (Art 123)

Chapter IV : The union Judiciary (Supreme court) (Art 124 – 147)

Chapter V : Comptroller & Auditor General of India (Art 148 – 151)

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Chapter I – Union Executive (Art 52 – 78)

The union executive consists of the President, the Vice president, the Prime minister, the Union council of
ministers, the Attorney general of India.

The President of India (Art 52 – 62)

 The president is the head of the Indian state. He is the first citizen of India and acts as the symbol of
unity , integrity and solidarity of the nation.

 He is a nominal executive (or) constitutional head.Residence cum offices of President are

Rashtrapathibawan New Delhi, The retreat building at Shimla, Rashtrapathi Nilayam at Hyderabad.

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 Art 52 :
The president of India
 Art 53 :
Executive power of the union shall be vested in the president
 Art 54 :
Election of president
The president is elected not directly by the people, but by the members of electoral college.
The electoral college consists of the elected members of both houses of parliament, the elected members of
the state legislative assemblies & the elected members of legislative assemblies of union territories (Delhi &
Puducherry).

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 The electoral college consists totally of 4896 (Elected MP’s 776+ Elected MLA’s 4120)

 The elected member of legislative assembles of Delhi & Puducherry have been authorized to be part of
electoral college by the 70th constitutional amendment act of 1992.

 The presidents election is held in accordance with the system of proportional representation by means of
the single transferable vote and the voting is by secret ballot.

Art 55 :

Manner of Election of president.

 To ensure the uniformity in the scale of representation of different states and partially between the states
as a whole and the union, the number of votes which each elected member of parliament and state legislative
assembly’s entitled to cast in election,

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 The 42nd amendment act of 1976 froze the last proceeding census to that 1971 population till the first
census after 2000. In 2000 the union cabinet decided to extend that freeze until the relevant figures for the
first census taken after 2026 have been published (84thamendment act of 2001)

Art 56:

Term of office of president :

 The president holds office for a term of 5 years.

 However he can resign from his office at any time by addressing the resignation letter to the vice
president (before 5 years).

 The vice president will have to inform the Lok sabha about as the resignation of the president.

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 Art 57 :

Eligibility for Re election

 Art 58:

Qualification for election as president

He should be a citizen of India

He should have completed 35 years of age.

He should be qualified far election as a member of Lok sabha.

He should not hold any office of profit under the union Government or state Government or any local
authority or any public authority.

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 Art 59 :

Conditions of president office.

 Art 60 :

Oath or Affirmation by the president

The oath of office to the president is administered by the Chief justice of India.

(Chief justice of supreme court) and in his options senior most judge of supreme
cout.

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 Art 61:

Procedure for impeachment of the president.

The president can be removed from office by a process of impeachment for the violation of the
constitution.

The impeachments charges can be initiated by either houses of parliament. The charges should
be signed by 1/4th of members the house, and 14 days notice should be given to the president.

After the impeachment resolution by a majority of 2/3rd of the total membership of each
houses, then the president stands removed from his office.

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 Art 62 :

Term of holding election to fill vacancy in the office of president.

If the office false vacant by resignation, removal, death or otherwise, then election
to fill the vacancy should be held within 6 months from the date of occurrence of
such a vacancy.

When vacancy occurs in the office of president, the vice president acts as the
president, until a new president is elected. In case of vice president is vacant , the
chief justice of India act as the president.

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POWERS AND FUNCTIONS OF THE
PRESIDENT
Executive powers :

 All executive actions of the Government of India are formally taken in his name.

 He appoints the prime minister and other union ministers the attorney general of Indian, CAG, the
chief election commissioner and other election commissioners, the chairman and members of UPSC,
the Governors of state, the Lieutenant Governors or administrators of Union territories the chairman
and members of finance commission and so on.

 He can seek any information relating to the administration of affairs of union Government and
proposals for legislation from the prime minister.

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 He can appoint a national commission for SCs, National commission for STs, National
commission for Backward classes, Nation.

 He can declare any area as scheduled areas and has powers with respect to the administration of
SC & ST areas.

 The international treaties & agreements are negotiated or concluded on behalf of the president
(Diplomatic powers)

 He is the supreme commander of defence force of India. He can appoint the chief of Army
(General), the Navy (Admiral) and the Air force (Air chief Marshal). He can declare war or
conclude peace, subject to the approval of the parliament (Military powers)

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 Legislative powers :

 The president is an integral part of the parliament (Art 79)

 He nominates the 12 members of the Rajya Sabha from amonges person having special
knowledge or practical knowledge in literature, arts, science, and social service.

 He can nominate 2 members to the loksabha from the Anglo Indian community (art 331)

 He can summon or prorogue the parliament, and dissolve the loksabha (art 85)

 He can also summon a joint sitting of both houses of parliament (art 108)

Which is presided by the speaker of Loksabha

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 He can address the parliament at the commencement of the first session after each general
election and first session of each year (art 86)

 He can appoint any member of Lok sabha preside over its proceedings, when the offices of both
the speaker and deputy speaker fall vacant.

 Similarly he can also appoint any member of Rajya sabha to preside over its proceedings when
the offices of both the chairman and deputy chairman of Rajya sabha.

 He decides on questions as to be disqualification of members of parliament in consultation with

election commission of India (art 102).

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 When a bill is sent to the president after it has been passed by the parliament, he can give his
assent to the bill or withhold his assent to the bill or return the bill (if it is not a money) for
reconsideration of the parliament (art 111).

 He can promulgate ordinance when the parliament is not is session (Art 123).

 These ordinance must be approved by the parliament within six weeks from its reassembly. He
can also withdraw an ordinance at any time. This is the most important legislature power of the
president.

 He lays the reports of the CAG, UPSC, finance commission and others before the parliament.

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 Financial powers :

 Money bills can be introduced in the parliament only with his prior recommendation.

 He sees that the annual financial statement (Union budget / central budget) is laid before the
parliament (art 112)

 No demand for the grants can be made except on his recommendation.

 He can make advances out of the contingency fund of India, to meet unforeseen expenditure (Art
267).He constitutes a finance commission after every five years to recommend the distribution of
revenues between the centre and the states (Art 280)

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 Judicial powers

 He appoints the chief justice and the judges of supreme court (art 124) and high courts (art 217)

 He can seek advice from the supreme court on any question of law or fact. However the advice tendered
by the supreme court is not binding on the president (art 143)

 He can grant pardon, reprieve, respite and remission of punishment or suspend, remit or commute the
sentence of any person convicted of any offence (art 72).

A) In all cases where the punishment or sentence is by a martial.

B) In all cases where the punishment or sentence is for an offence against a union law.

C) In all cases where the sentence is a sentence of death.

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Discretionary powers for president

 (For all other powers he will consult the cabinet or council of members except discretionary powers)

 He seeks information from the prime minister relating to the administrative and legislative matters of the
union.

 He can call the leader of any party to form ministry in the union when there is no clear cut majority to
any party in Loksabha after the General election.He can dismiss the council of ministers when it is unable
to prove the confidence of the Lok Sabha.

 He can dissolve the Lok sabha if the council of Ministers has lost its majority.

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Emergency Power :
The constitution confers extraordinary powers of the president to deal with the following 3 types of
emergencies and it is specified in part XVIII of the constitution.
a) National emergency / proclamation of Emergency (art 352)
b) state emergency / constitutional emergency / president rule (art 356 & Art 365)
c) Financial emergency (Art 360).
The other powers are setting up official language commissions and taking progressive steps for
official use of hindi on the basis of recommendation.

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Other powers of president
Art 71:

 Matters relating to (or) connected with the election or president or vice president.

Art 72:

 Power of president to grant pardons.

Art 73 :

 Extent of executive powers of the union.

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VICE PRESIDENT art 63-69
The vice president occupies the second highest office in the country.

Art 63 :

 Vice president of India

Art 64 :

 The vice president to be Ex officio chairman of the Rajya sabha (or) council of states.

 While acting as a president or discharging of the functions of president, Vice president does not
perform the duties of the office of the chairman of Rajya sabha during his period, those duties are
performed by the deputy chairman of the Rajya Sabha.

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Art 65 :

 The Vice president to act as president (or) to discharge his functions during casual vacancies in
the office or during the absence of president.

 The constitution has not filled any emoluments for the ma president in that capacity . He draws
his regular salary in his capacity as the ex office chairman of the Rajya Sabha.,

 During any period when the vice president acts as president or discharges the functions of
president he is not entitled to the salary or allowances payable to the chairman of Rajya Sabha, but
the salary and allowance of the president.

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Art 66 :

Election of vice president of India :

 The vice president of India, like the president, is elected not directly by the peoples, but by the
method of indirect election, he is elected by the members of an electoral college, it consisting of
members of both houses of the parliament (including nominated members).

 Thus the vice presidents election, like that of the presidents election, is held in accordance with
the system of proportional representation by means of the single transferrable vote and the voting is
by secret ballot.

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Qualification of Vice president :

 He should be a citizen of India.

 He should have completed 35 years of age.

 He should be qualified for election as a member of the Rajya Sabha.

 He should not hold any office of profit under the union Government or any state Government or
any local authority or any other public authority.

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Art 67-The term of office of vice president :

 The vice president holds office for a term of 5 years from the date of on which he enters upon his
office.

 How ever he can resign from his office at any time by addressing the resignation letter to the president.

 He can be removed by a resolution the Rajya Sabha passed by an absolute majority and agreed by the
Lok Sabha.But no such resolution can be moved unless at least 14 days advanced notice has been given.

 Notably no ground has been mentioned in the constitution for his removal.

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Art 68:

 Time of hold election to fill vacancy in the office of vice president and the term of office of
persons elected to fill casual vacancy.

Art 69:

 The oath of office to the vice president is administered by the president or some persons
appointed in that behalf by him.

Art 70 :

 Discharge of president functions in other contingencies.

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COUNCIL OF
MINISTERS

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Art 74:

Council of ministers to aid and advice president.

 There shall be a council of ministers with the prime minister as the head to aid and advice the
president who shall, in the exercise of his functions, act in accordance with such advice.

 However, the president may require the council of Ministers to reconsider such advice and the
president shall act in accordance with the advice tendered after such reconsideration.

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 The number of members of the council of Ministers are not specified in the constitution. The
council of ministers consists of 3 categories of ministers, namely, Cabinet ministers, Minister of
state and Deputy ministers. At the top of all these ministers stands the prime minister, the supreme
governing authority of the country. (Cabinet include the Cabinet ministers only).

The Union Cabinet

 A Cabinet is the council consisting of ministers of Cabinet rank. It is the inner body within the
council of ministers.

 It is an extra constitutional authority created out of the council of ministers.Every cabinet minister
is assisted by a cabinet secretary.

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 Among them the cabinet chief secretary is given a top place among the civil servants in the
official ladder. He is the chairman Senior Selection Board that selects officers for the post ofjoint
secretary in the central secretariat.

 He presides over the conference of chief secretaries which is held annually.

 He acts as the chief advisor to the Prime Minister on all aspects of administration and policy.

 He acts as the link between Prime Minister`s Office and various administrative agencies and
also between civil service and the political system

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Other provisions as to central ministers Art – 75

 The president has to appoint the leader of the majority party in the Lok sabha as the prime
minister. But no party has a clear majority in the Lok Sabha, then the president may exercise his
personal direction in the selection and appointment of the prime minister.

 In such a situation the president usually appoints the leader of the largest party or coalition in the
lok Sabha as the prime minister and ask him to seek a vote of confidence in the house within a
month.

 The other ministers shall be appointed by the president on the advice of prime minister.

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 The total number of ministers including the prime minister in the council of minister shall not
exceed 15% of total strength of Loksabha. This provision was added by the 91th Amendment act of
2003.

 A member of either house of parliament belonging to any political party who is disqualified on
the ground of defection shall also be disqualified to be appointed as a minister. This provision was
also added in 91st amendment act of 2003.

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Art 77:
 Conduct of business of Government of India.
 All executive actions of Government of India shall to expressed to be taken in the name of the
president.
Art 78- Powers, functions and Duties of prime minister
 He recommends persons who can be appointed as ministers by the president.
 He allocates and reshuffles various portfolios among the ministers.
 He can ask a minister to resign or advice the president to dismiss him in case of difference of
opinion.
 He presides over the meeting of council of minister and influencies its decisions.

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 He guides, directs, control and coordinates the activities of all the ministers.
 He can bring about the collapse of the council of minister from resigning from office.
 He is the principal of communication between the president and the council of ministers.
 He advise the president with regard to the appointment of important officials
Attorney general
CAG
Chairman & members of UPSC
Chairman & members of finance commission
Chief election commissioner and other election commissioners

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 He advise the president with regard to summoning and proroguing of the sessions of the
parliament.

 He can recommend dissolution of the Lok sabha to the president at any time.

 He announces the Government policies on the floor of the house.

 He is the chairman of the planning commission (NITI aayog), National Development Council
(NDC), National Integration Council (NIC), Interstate council, National water resources council,
National Disaster management authority (NDMA), Council of scientific and Industrial research,
National Defence Council.

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 He is the chief spokes man of the union Government.
 He is the leader of the party in power.
 He is political head of the service.

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ATTORNEY GENERAL

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 He is the highest law officer or chief law officer in the country.

 He is appointed by the president.

 He must be a person who is qualified to be appointed as a judge of supreme court.

 The term of office of the attorney general is not fixed by the constitution. He holds office during the
pleasure of the president.

 The constitution does not contain the procedure and grounds for his removal. He may be removed by the
president at any time.

 The remuneration of the attorney general is not fixed by the constitution, he receive such remuneraton at
the president may determine.

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Duties and functions :

 To give advice to the Government of India upon such legal matters, which are referred to him by
the president.

 To perform such other duties of legal character that are assigned to him by the president.

 To appear on behalf of the Government of India in all cases in the supreme court in which the
Government of India is concerned.

 To appear in any high court in any case in which the Government of India is concerned.

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 To represent the Government of India is any reference made by the president to supreme court
under Art 143 of the constitution.

 The attorney general has the right to audience in all courts in the territory of India.

 He has the right to speak and to take part in the proceedings of both houses of parliament of
which he may be named a member, but without right to vote.

 He enjoys all the privileges and immunities that are available to member of parliament – art 88.

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 The attorney general of India is not a full time counsel of the Government. He does not fall in the
category of the Government servants. Further he is not debarred from the private legal practice.

 In addition to the attorney general, there are other law officers of the Government of India. They
are solicitor general of India and additional solicitor general of India. They assist the attorney
general in fulfillment of his official responsibilities.

 Art 76 does not mention about the solicitor general and additional solicitor general.

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